ALLAHABAD HIGH COURT
Wife declining to cohabit with husband by forcing him to live in separate room, amounts to both physical and mental cruelty: Allahabad High Court
In an appeal filed under Section 19 of the Family Courts Act, the husband had challenged the validity of a judgment and decree passed by the Family Court, denying cruelty by wife in a divorce case, the Division Bench of Rajan Roy and Subhash Vidyarthi JJ. while setting aside the impugned judgment for being unsustainable in law, held that cohabitation is an essential part of a matrimonial relationship and if the wife declines to cohabit with the husband by forcing him to live in a separate room, she deprives him of his conjugal rights, which will have an adverse impact on his mental and physical wellbeing and which will amount to both physical and mental cruelty. Read more
Widowed daughter-in-law not living in matrimonial home can claim maintenance from father-in-law: Allahabad High Court
In an appeal filed by the father-in-law under Section 19 of the Family Courts Act, 1984 against the judgment and order passed by the Family Court, wherein the Court had awarded monthly maintenance at the rate Rs. 3,000/- per month in favour of the daughter-in-law, the Division Bench of Saumitra Dayal Singh and Donadi Ramesh, JJ. held that the fact that the widowed daughter-in-law was living separately from her in-laws may not be a circumstance to disentitle her to claim maintenance from her father-in-law, in entirety. Read more
‘Poker and rummy are games of skill and not gambling’; Allahabad HC directs authorities to pass reasoned order in application for permission to run a gaming unit
In writ petition filed against an order passed by the office of the DCP City Commissionerate, Agra, in relation to an application made by the petitioner for granting permission to run a gaming unit wherein games such as Poker and Rummy would be played, the division bench of Shekhar B. Saraf and Manjive Shukla, JJ. directed the authority concerned to revisit the issue and pass a reasoned order after granting an opportunity of hearing to the petitioner within six weeks from date of this order. Read more
‘Husband never attempted to establish that wife was incurably of unsound mind’; Allahabad HC dismisses husband’s divorce plea
In an appeal filed under Section 28 of the Hindu Marriage Act, 1955 against the judgment and order passed by the Additional District Judge, whereby the Trial Court dismissed the divorce case instituted by the husband, seeking dissolution of his marriage on the grounds of insanity and cruelty, the division bench of Saumitra Dayal Singh and Donadi Ramesh, JJ. held that that unless the pre-existing and irreversible mental condition of the wife had been proven and unless by its very nature that condition was such as to give the husband a reason to seek dissolution of his marriage under Section 13(1)(iii) of the Act, the fact thus proven remained extraneous to the grounds raised. Read more
‘Intention is not a necessary element in cruelty’: Allahabad HC grants divorce to husband on grounds of cruelty and desertion
In an appeal challenging the validity of a judgment and decree passed by the Family Court , wherein the Court dismissed the suit for divorce, holding that after the FIR was lodged by the wife, the parties had entered into a settlement and resumed cohabitation and, therefore, the occurrences that had taken place prior to it cannot be taken into consideration for adjudicating whether the wife treated the husband with cruelty., the division bench of Rajan Roy and Subhash Vidyarthi*, JJ. held that the facts and circumstances of the case evidenced by the material available on record make out the grounds of cruelty and desertion. Thus, the judgment and decree passed by the Family Court dismissing the suit for divorce is unsustainable in law. Read more
BOMBAY HIGH COURT
‘Appellate Court must respect Trial Court’s findings unless there is clear error/failure of justice’: Bombay HC upholds Single Judge’s order appointing Court Receiver in partnership dispute
In the present case, two appeals were filed under Section 37 of the Arbitration and Conciliation Act, 1996 (‘the 1996 Act’), one by appellant and another by Ilaben Kanubhai Vadher, who claimed to be owner of the Virar property; challenging the order dated 16-07-2024 passed by the Single Judge of this Court. The Division Bench of A.S. Chandurkar and Rajesh S. Patil*, JJ., opined that the appellate court must exercise its power with caution, respecting the findings of the trial court unless there was a clear error or a failure of justice. Thus, the Court held that there was no perversity in the impugned order dated 16-07-2024 as it was necessary to protect the Virar property because appellant did not comply with the direction and started illegal construction on the said property. Read more
Without valid justification, no request for adjournment/filing affidavit-in-reply will be considered, except on payment of costs: Bombay High Court
The Division Bench of G.S. Kulkarni and Somasekhar Sundaresan, JJ., after considering repeated instances of robotic approach of endless adjournments being sought to file affidavit-in-reply in the present case, opined that the Court had to take a strict view of the matter particularly when the orders passed by the Court directing the State/respondents to file reply affidavit within specific timelines were not being complied with, unless there was a valid justification and an appropriate application was made in that regard seeking extension of time. The Court further opined that if there was no justification, it shall not permit the request either for an adjournment or to file affidavit-in-reply except on payment of costs. Read more
‘Acquisition of foreign citizenship by parent does not affect the Indian citizenship of their minor child’: Bombay HC
The petitioner was a minor girl of 16 years, who sought the quashing of decision of the High Commission of India, Passport & Consular Wing, United Kingdom, holding the minor ineligible for an Indian passport since she is a child of a foreign national single parent. M.S. Karnik* and Valmiki Menezes, JJ., held that the acquisition of a foreign nationality by the minor’s mother will not affect the citizenship status of the minor, and further held that she was entitled to be issued a passport based on her Indian citizenship. Read more
‘No intention to disturb law and order or public order/peace’; Bombay HC grants anticipatory bail to person alleged to be a supporter of Naxalism
In the present case, applicant seeks anticipatory bail in a case registered with the police station for an offence punishable under Section 153-A(1)(b) of the Penal Code, 1860. A Single Judge Bench of Urmila Joshi-Phalke, J., granted bail to applicant and stated that the investigation papers nowhere reveal that there was any mens rea on his part to disturb the law and order or public order or peace and tranquility in the area where applicant had circulated the message “Jai Bharat, Jai Samvidhan, Jai Naxalwad”. Read more
DELHI HIGH COURT
Donations, gifts made to NGO ‘Operation Asha’ are property entrusted to it; thus, acquires character of a ‘constructive trust’: Delhi High Court upholds
The present appeal was filed challenging the judgment dated 03-05-2024, passed by the Single Judge, whereby an application under Section 92 of the Civil Procedure Code, 1908 seeking leave to institute the subject suit, filed by the Respondents 1 and 2 was allowed. The Division Bench of Manmohan, ACJ* and Tushar Rao Gedela, J., stated that the appellant-society was of a charitable nature, as it had been formed primarily for serving the under-privileged sections of the society, in particular, patients suffering from tuberculosis. The Court agreed with the view of the Single Judge that all the donations, gifts etc. made to the appellant-society were property entrusted to it, by reason of which the society acquired the character of a ‘constructive trust’. Thus, the Court stated that the impugned judgment did not call for interference and accordingly dismissed the present appeal. Read more
Delhi High Court rejects plea by expelled JDU member against internal election of Nitish Kumar as party president
In a petition regarding the justiciability of the disputes arising from internal elections for the selection of office bearers within registered political parties in India wherein directions were sought to annul the changes incorporated by Janata Dal United for being made in violation of Section 29(A)(9) of the Representation of the People Act, 1951, a Single Judge Bench of Purushaindra Kumar Kaurav, J. found no compelling reason to grant the reliefs sought by the petitioner since the petition lacked merit and fell outside the jurisdictional scope of Article 226 of the Constitution. Read more
‘Re-agitating already adjudicated issues would be in disregard of Supreme Court’; Delhi HC quashes 1987 re-entry notice by the Union against Express Newspapers
In a suit filed by the Union of India against Express Newspapers Ltd., a publisher of various newspapers and magazines including Indian Express, regarding the premises leased to them i.e., Plot Nos. 9-10, Bahadur Shah Zafar Marg, New Delhi 110002, a Single Judge Bench of Pratibha M. Singh, J. dealt with multiple issues regarding the lease as well as the notices served upon Express Newspapers and held that the UOI could not be permitted to re-agitate issues which had already been raised and decided by the Supreme Court in 1985. Read more
Delhi High Court appoints Sole Arbitrator in petition against the National Highway and Infrastructure Development Corporation Ltd.
In a petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 to seek the appointment of a Sole Arbitrator for the adjudication of disputes between the parties, a Single Judge Bench of Jasmeet Singh, J. stated that the petitioner had duly complied with the conciliation process in terms of Clause 26 of the Agreement and directed the appointment of a Sole Arbitrator to adjudicate the dispute between the parties. Read more
Delhi High Court grants interim injunction against T-Series from using “Aashiqui” title in their proposed film
In a suit filed by the plaintiff seeking to prevent the defendant from releasing any sequels of Aashiqui, in particular, the third part tentatively titled “Aashiqui 3” / “Tu Hi Aashiqui” / “Tu Hi Aashiqui Hai”, without the plaintiff’s express consent, Sanjeev Narula, J., stated that permitting the defendant to use a deceptively similar title, especially given the existing public anticipation of a third instalment of the Aashiqui Franchise, would infringe the plaintiff’s trade mark rights by misleading consumers and diluting the brand identity of the Aashiqui Franchise. Read more
Delhi HC directs Directorate of Education to issue notices/circulars related to admission under EWS category in Hindi to prevent non-compliance due to language barriers
In a writ petition under Article 226 of the Constitution filed to seek issuance of an appropriate writ, order, or direction to direct the Directorate of Education, Government of NCT of Delhi along with other respondents to admit/enroll the petitioner in the Nursery/Pre-school class under the Economically Weaker Section category for the academic session 2024-25 in the Indraprastha World School, a Single Judge Bench of Swarana Kanta Sharma, J. found no grounds to direct the School to grant admission to the petitioner and issued directions to the DoE to issue notices/circulars in Hindi as well to enable the common community members to enjoy the fruits of a welfare legislation by removing the language barriers. Read more
‘No lesser punishment than dismissal from service will be equal to gravity of misconducts’; Delhi HC upholds suspension of government employee
In a petition challenging the orders dated 16-07-2016 and 09-05-2015 passed by the Central Administrative Tribunal, Principal Bench, Delhi, whereby punishment of dismissal from service imposed upon him was upheld and the review application was dismissed, the Division Bench of Suresh Kumar Kait and Girish Kathpalia*, JJ., stated that no lesser punishment than dismissal from service would be commensurate to the gravity of the multiple acts of the petitioner’s misconduct. Even if there were no restraints on this court exercising judicial review of punishment order, we would not find any other punishment proportionate to the acts of misconduct committed by the petitioner. A person castigating their employer through a constant tirade of false and scandalous allegations did not deserve to continue in the employment of the said employer. Read more
Delhi High Court takes suo motu cognizance due to absence of any law for availing mutation rights in urbanized villages
While perusing a report by the Delhi State Legal Services Authority dated 03-09-2024, a Division Bench of Manmohan, ACJ., and Tushar Rao Gedela, J. opined that the absence of a documentation mechanism by land-owning agencies post urbanization disproportionately affects the urban poor and thus, directed the Registry to register the present report as a suo motu writ petition. Read more
Indispensable provision cannot be kept aside on whims and fancies’; Delhi High Court holds pre-institution mediation mandatory in commercial suits
In a petition filed under Article 227 of the Constitution by Aditya Birla Fashion and Retail Ltd. (‘Aditya Birla Fashion’) (plaintiff) to seek recovery of its security money from the owner of the shop that was leased out to it, a Single Judge Bench of Manoj Jain, J. opined that the process of pre-institution mediation was mandatory for every commercial suit while salvaging the counter-claim and held that the same could not be rejected. Read more
GAUHATI HIGH COURT
‘Resignation can be accepted only when it is clear, unambiguous, unequivocal, and not conditional’; Gauhati HC upholds employee’s voluntary resignation
Petitioner filed the present petition being aggrieved by the order issued by the Deputy Inspector General, Group Centre, CRPF, whereby, petitioner’s resignation was accepted w.e.f. 04-08-2012. Petitioner prayed for a direction to respondent to constitute a Medical Board for examination of his disease and then allow to go on retirement on medical ground since he had already completed the required qualifying service. A Single Judge Bench of Kardak Ete, J., stated that the resignation letter was neither ambiguous nor conditional and thus, there was no illegality in accepting petitioner’s resignation and if a letter of resignation was coupled with a condition, the same could not be accepted by the authority without first informing the employee that the condition put forth by him could not be accepted. The Court held that no case was made out for interference to the impugned acceptance of petitioner’s resignation and his discharge from service. Read more
GUJARAT HIGH COURT
‘No direct involvement in crime’; Gujarat HC grants bail to a child in conflict with law accused of abetting suicide of family
In a revision application against the orders of the Trial Court and the Juvenile Justice Board whereby, the bail applications of the child in conflict with law were rejected, Gita Gopi, J. allowed the application for not being directly involved in the offences under Sections 108, 115(2), 308(5) and 54 of the Nyaya Sanhita, 2023. Read more
MADRAS HIGH COURT
Section 29-A of the Act is procedural one and discretion is given to the parties to extend the arbitration period for a further period of 6 months; Madras HC upholds arbitration award passed beyond 12 months
In an appeal filed under Section 37(a) of the Arbitration and Conciliation Act, 1996, to set aside the order passed by the Principal District Court, wherein the Court set aside the award on the sole ground that the award has been passed beyond a period of 12 months in violation of Section 29-A of the Arbitration and Conciliation Act and allowed the arbitration petition, R. Vijayakumar, J. after construing that Section 29-A of the Act is procedural one and discretion is given to the parties to extend the arbitration period for a further period of 6 months, the Court held that the respondents by not raising any objection before passing of the award, have not only given their implied consent but also waived their rights to raise any objection with regard to the non-passing of the award within a period of 12 months. Read more
Lawyer involved in forging rental agreement is liable to be prosecuted for misconduct under Advocates Act and BCI Rules; Madras HC issues directions
In a writ petition filed, praying for directing the Bar Council of Tamil Nadu and Puducherry, and the Bar Council of India to take necessary action against an advocate, the division bench of S.M. Subramaniam* and V. Sivagnanam, JJ. passed certain directions. Read more
RAJASTHAN HIGH COURT
‘Unwarranted suspension burdens public funds and wastes Government resources’; Rajasthan High Court quashes Range Forest Officer’s suspension order
In a civil writ petition challenging the suspension order based on compromise between the villagers and revenue officials, after petitioner, a Range Forest Officer Grade-II in Raisinghnagar, Anupgarh, filed an FIR related to death of two chinkaras, a single-judge bench of Vinit Kumar Mathur, J., quashed and set aside the suspension order and held that the competent authority’s failure to apply mind and the involvement of an inappropriate authority undermines the validity of the suspension. Read more
Advocate volunteers to cover pregnant minor rape survivor’s delivery expenses on Rajasthan High Court’s request
In an application filed by the father of a minor rape survivor seeking directions for the State Government to bear the expenses of the delivery and facilitate the adoption of the child after birth, a single-judge bench of Dinesh Mehta, J., recalled its earlier order dated 20-08-2024 permitting the termination of pregnancy as by the time, the minor was taken to the hospital for the procedure, the foetus was already of 29 weeks and hence, the pregnancy could not be terminated being wary of the threat to the minor’s health. On the Court’s request, the petitioner’s advocate volunteered to bear all the expenses relating to the delivery of the minor. Read more
Rajasthan HC issues notice in plea challenging amendment to Rajasthan State Litigation Policy & Padmesh Mishra’s appointment as State AAG in SC
In a writ petition filed by the petitioner, a practicing advocate, challenging the amendment to the Rajasthan State Litigation Policy, 2018, which allowed the appropriate authority to appoint any counsel to any post based on their expertise, effectively bypassing the 10-year experience requirement and subsequent appointment of Padmesh Mishra as Additional Advocate General for the State of Rajasthan at the Supreme Court despite not meeting the minimum experience, a single-judge bench of Anil Kumar Upman, J., noted that the matter requires consideration and issued notice of the writ petition and stay application is issued to the respondents. Read more
UTTARANCHAL HIGH COURT
[Haldwani Violence] ‘Appeal lies u/s 21 of NIA Act before Division Bench’; Uttaranchal HC dismisses bail plea of Abdul Malik
In the present case, applicant had sought his release on bail as he was in judicial custody for case filed under Sections 147, 148, 149, 307, 395, 323, 332, 341, 342, 353, 412, 427, and 436 of the Penal Code, 1860; Sections 3 and 4 of Prevention of Damage to Public Property Act, 1984; Section 7 of Criminal Law Amendment Act, 1932; Sections 3/25, 4/25, 7/25 of the Arms Act, 1959; and Section 15/16 of the Unlawful Activities (Prevention) Act, 1976, registered in Police Station Banbhoolpura, District Nainital. A Single Judge Bench of Ravindra Maithani, J., held that the present bail application was not maintainable before this Court, instead an appeal would lie under Section 21 of the NIA Act before the Division Bench of this Court. Thus, the Court dismissed the bail application as being not maintainable. Read more